PCRES 2002-105- PLANNING COMMISSION RESOLUTION 2002-105
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF LA QUINTA, CALIFORNIA, APPROVING A
VARIANCE TO ALLOW THE REDUCTION OF LOT SIZE AND
STREET FRONTAGE FOR TWO PARCELS LOCATED AT 53-
220 AND 53-240 AVENIDA BERMUDAS
CASE NO.: VARIANCE 2002-031
APPLICANT: LENCH DESIGN GROUP
WHEREAS, the Planning Commission of the City of La Quinta, California,
did, on the 12th day of November, 2002 hold a duly noticed Public Hearing to consider
a request by the Lench Design Group for a Variance to Section 9.50.030.8. to allow
the reduction of lot size and street frontage for two parcels located at 53-220 and 53-
240 Avenida Bermudas, more particularly described as follows:
APN: 774-043-011 and 012
WHEREAS, this project has complied with the requirements of "The Rules
to Implement the California Environmental Quality Act of 1970" as amended
(Resolution 83-63) in that this project is Categorically Exempt per Section 15303
(Class 3); and
WHEREAS, at said Public Hearing, upon hearing and considering all
testimony and arguments, if any, of all interested persons desiring to be heard, said
Planning Commission did make the following mandatory findings pursuant to Section
9.210.030 Variances, of the Zoning Code, all findings can be met as listed below:
1. Consistency with the General Plan: The approval is consistent in that the
request does not exceed the density for the area and complies the land use
designation of Cove Residential/Medium Density (up to 8 units per acre).
2. Consistency with the Zoning Code. The request is not consistent with the
Zoning Code in that the lot division will create two lots smaller in size and width
than what is currently allowed in the Cove Residential Zone. Therefore the
Variance and Parcel Map applications were filed to allow the request.
3. Surrounding Uses: Granting of the Variance and Parcel Map will not create a
condition that is detrimental the public health, safety and general welfare or
injurious to, or incompatible with, other properties or land uses in the vicinity.
The two lots with two houses are consistent with all the immediate surrounding
properties. They are consistent with the adjacent parcels in that within the
immediate block the parcels created are consistent in size with every parcel.
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PLANNING COMMISSION RESOLUTION 2002-105
VARIANCE 2002-031 - LENCH DESIGN GROUP
NOVEMBER 12, 2002
With regard to the block immediately to the south, they are consistent with
every lot. With regard to the block immediately to the west and east they are
consistent with all but two parcels.
5. Special Circumstances: There are special circumstances applicable to this
property. Those circumstances include that, through no fault of the Community
Development or Building and Safety Department, when the two lots were
merged, Riverside County left these parcels with two separate Assessor Parcel
Numbers creating the appearance there were two lots. When building permits
were issued they were issued for two separate parcel numbers. The lots were
apparently purchased without the purchaser knowing the two lots had been
merged.
6. Preservation of Property Rights. Granting of the Variance and Parcel Map is
necessary for the preservation of a substantial property right possessed by the
other property in the same vicinity and zoning district and otherwise denied to
the subject property.
7. No Special Privileges. Conditions have been placed on the Variance and Parcel
Map to assure that the adjustment authorized will not constitute a grant of
special privileges which are inconsistent with the limitations placed on other
properties in the vicinity subject to the same zoning regulations.
8. No Land Use Variance. This approval does not authorize a land use or activity
which is not permitted in the applicable zoning district. 9.210.020 of the Zoning
Code to justify approval of said Conditional Use Permit:
NOW THEREFORE, BE IT RESOLVED by the Planning Commission of the
City of La Quinta, California, as follows:
1 . That the above recitations are true and correct and constitute the findings of the
Planning Commission for this Variance.
2. That it does hereby approve Variance 2002-031 for the reasons set forth in this
Resolution.
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_ PLANNING COMMISSION RESOLUTION 2002-105
VARIANCE 2002-031 - LENCH DESIGN GROUP
NOVEMBER 12, 2002
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta
Planning Commission held on this 12th day of November, 2002, by the following vote,
to wit:
AYES: Commissioners Abels, Kirk, Robbins, Tyler, and Chairman Butler
NOES: None
ABSENT: None
ABSTAIN: None
RIC BUTLER, Chairman
City of La Quinta, California
ATTEST:
3Y HEpiMAN, Community Development Director
of La Quinta, California
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